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1994 Supreme(Mad) 1080

RENGASAMY
Dhandapani – Appellant
Versus
Dhandapani S/o Palanisamy, And Another – Respondent


Appearing Advocates:For the Petitioner:K. Babu for M/s. V.K. Muthusami, Advocates. For the Respondent:R1, D. Selvaraj, Advocate, P. Govindarajan, Govt. Advocate (Cri. Side).

Judgment :-

This revision is challenging the legality of the punishment without substantive sentence, passed by the learned Principal Sessions Judge, Trichirapalli in C.A. No. 76/91a confirming the order of conviction passed in C.A. No. 76/91 confirming the order of conviction passed in CC. No. 495 of 1989 on the file of the Judicial Magistrate No. III, Karur. The revision petitioner was the complainant before the trial Court. He filed the complaint against the first respondent, who was the second accused, and another person for the offences under Sections 323, 325 and 326, Indian Pedal Code alleging that on 26-2-88 when he was diverting the water for the irrigation of his sister's land, P.W. 2, this respondent and his father beat him and his sister, causing grievous injuries. The trial Court convicted the first respondent for the offences under Sections 326, Indian Penal Code to undergo rigorous imprisonment for one year and also to pay a fine of Rs. 500/-. The other accused was acquitted of all the charges. On appeal before the learned Principal Sessions Judge, Trichy, though he confirmed the conviction, modified the sentence to one of fine of Rs. 750/- only. As nao substantive s





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